Ex parte BERRY - Page 5




          Appeal No. 1999-2674                                                       
          Application No. 08/192,979                                                 


          step in the claims as denoting the application of a force to               
          position the coupler against the outside surface of the cornea             
          during the passing of infrared radiation.  It is also worthy               
          of noting that the second indicated major functional part of               
          the coupler 10 is the substantially transparent center portion             
          11 that has the radially curved surface or corneal engaging                
          surface 30, which                                                          


          surface performs the functions of acting as a heat sink and                
          thermostat, a template for the cornea, and a mask during the               
          reshaping procedure (specification, page 13).                              

               We turn now to the evidence of obviousness.                           

               This panel of the Board certainly appreciates the                     
          relevance of the Sand disclosure in describing laser                       
          keratoplasty to effect collagen shrinkage in a human cornea                
          for bringing about shape modification thereof in correcting                
          refractive disorders.  Sand also teaches a lower surface                   
          temperature for corneal layers anterior to the stroma produced             
          by flowing insert gas or liquid over the cornea during                     
          irradiation or by applying a contact lens window of a material             
                                         5                                           





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